§85.2114. Basis of certification. — Inbound Citations
40 C.F.R. § 85.2114
Statutory Authority
Cited by 12 regulations in release Current.
Citations to 40 U.S.C. § 85.2114 as a whole
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The provisions of §§ 85.2112 through 85.2122 apply to emission related automotive aftermarket parts which are to be installed in or on 1968 and later model year light-duty vehicles and light-duty trucks.
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(iii) All determinations, demonstrations, technical rationale, and documentation provided in § 85.2114; and
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(4) The durability requirement of § 85.2114 has not been complied with;
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(1) Such a preliminary determination may be made if there is reason to believe that the part manufactured has failed to comply with §§ 85.2112 through 85.2122. Information upon which such a determination will be made includes but is not limited to the following.(i) Tests required to be performed to demonstrate compliance of the part with the applicable Emission-Critical Parameters(A) Were not performed on the part(s), or(B) Were insufficient to demonstrate compliance;(ii) The part was certified on the basis of emission tests, and(A) The procedures used in such tests were not in substantial compliance with a portion or portions of the Federal Test Procedure which were not waived pursuant to § 85.2114(d);(B) The emission results were not in compliance with the requirements of § 85.2114(d); or(C) The procedures used for part aging for durability demonstration were not in substantial compliance with the durability cycle required by § 85.2114.(iii) Use of the certified part is causing vehicle emissions to exceed emission requirements for any regulated pollutant;(iv) Use of the certified part causes or contributes to an unreasonable risk to public health, welfare or safety or severely degrades drivability operation or function;(v) The part has been modified in a manner requiring recertification pursuant to § 85.2118; or(vi) The manufacturer of such parts has not established, maintained or retained the records required pursuant to § 85.2120 or fails to make the records available to the MOD Director upon written request pursuant to § 85.2120.(vii) Documentation required to support the type of durability demonstration used for a part under § 85.2114:(A) Were not submitted for the part, or(viii) The aftermarket part manufacturer failed to pay a lost arbitration settlement within 30 days of the arbitrator's decision or within 30 days after completion of judicial review, if any.
Citations to §85.2114(b)
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(v) A description of the tests, techniques, procedures, and results utilized to demonstrate compliance with § 85.2114(b) applicable to parts eligible to certify using emission-critical parameters, except that, if the procedure utilized is recommended in appendix I of this subpart, then only a statement to this effect is necessary. A description of all statistical methods and analyses used to determine the emission-critical parameters of the original equipment parts and compliance of the certified part(s) with those parameters including numbers of parts tested, selection criteria, means, variance, etc; and
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(a) Was certified pursuant to § 85.2114(b) and to which modifications are subsequently made which could affect the results of any test or judgment made that the part meets all of the applicable Emission-Critical Parameters;
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(a) The following parts may be certified in accordance with § 85.2114(b):(A) “Diaphragm Displacement” means the distance through which the center of the diaphragm moves when activated. In the case of a non-modulated stem, diaphragm displacement corresponds to stem displacement.(B) “Timed Delay” means a delayed diaphragm displacement controlled to occur within a given time period.(C) “Modulated Stem Displacement” means the distance through which the modulated stem may move when actuated independent of diaphragm displacement.(D) “Modulated Stem Displacement Force” means the amount of force required at start and finish of a modulated stem displacement.(E) “Vacuum Leakage” means leakage into the vacuum cavity of a vacuum break.(F) “Vacuum Break” (“Choke Pull-off”) means a vacuum-operated device to open the carburetor choke plate a predetermined amount on cold start.(G) “Modulated Stem” means a stem attached to the vacuum break diaphragm in such a manner as to allow stem displacement independent of diaphragm displacement.(H) “Vacuum Purge System” means a vacuum system with a controlled air flow to purge the vacuum system of undesirable manifold vapors.(A) Those parameters set forth in paragraph (a)(2)(i) of this section(B) Time to rotate coil tang when electrically energized(C) Electrical circuit resistance(D) Electrical switching temperature(A) “Choke” means a device to restrict air flow into a carburetor in order to enrich the air/fuel mixture delivered to the engine by the carburetor during cold-engine start and cold-engine operation.(B) “Thermostat” means a temperature-actuated device.(C) “Electrically-heated Choke” means a device which contains a means for applying heat to the thermostatic coil by electrical current.(D) “Thermostatic Coil” means a spiral-wound coil of thermally-sensitive material which provides rotary force (torque) and/or displacement as a function of applied temperature.(E) “Thermostatic Switch” means an element of thermally-sensitive material which acts to open or close an electrical circuit as a function of temperature.(F) “Mechanical Torque Rate” means a term applied to a thermostatic coil, defined as the torque accumulation per angular degree of deflection of a thermostatic coil.(G) “Thermal Deflection Rate” means the angular degrees of rotation per degree of temperature change of the thermostatic coil.(H) “Index or Index Mark” means a mark on a choke thermostat housing, located in a fixed relationship to the thermostatic coil tang position to aid in assembly and service adjustment of the choke.(I) “PTC Type Choke Heaters” means a positive termperature coefficient resistant ceramic disc capable of providing heat to the thermostatic coil when electrically energized.(i) The emission-critical parameter for accelerator pumps (plungers or diaphragms) is the average volume of fuel delivered per stroke by the pump within prescribed time limits.(ii) For the purpose of this paragraph an “Accelerator Pump (Plunger or Diaphragm)” means a device used to provide a supplemental supply of fuel during increasing throttle opening as required.(i) The emission-critical parameter for a PCV valve is the volume of flow as a function of pressure differential across the valve.(ii) For the purposes of this paragraph a “PCV Valve” means a device to control the flow of blow-by gasses and fresh air from the crankcase to the fuel induction system of the engine.(A) “Breaker Point” means a mechanical switch operated by the distributor cam to establish and interrupt the primary ignition coil current.(B) “Bounce” means unscheduled point contact opening(s) after initial closure and before scheduled reopening.(C) “Dwell Angle” means the number of degrees of distributor mechanical rotation during which the breaker points are conducting current.(D) “Contact Resistance” means the opposition to the flow of current between the mounting bracket and the insulated terminal.(A) “Capacitance” means the property of a device which permits storage of electrically-separated charges when differences in electrical potential exist between the conductors and measured as the ratio of stored charge to the difference in electrical potential between conductors.(B) “Series Resistance” means the sum of resistances from the condenser plates to the condenser's external connections.(C) “Breakdown Voltage” means the voltage level at which the capacitor fails.(D) “Capacitor/Condenser” means a device for the storage of electrical energy consisting of two oppositely charged conducting plates separated by a dielectric and which resists the flow of direct current.(A) “Flashover” means the discharge of ignition voltage across the surface of the distributor cap and/or rotor rather than at the spark plug gap.(B) “Dielectric Strength” means the ability of the material of the cap and/or rotor to resist the flow of electric current.(C) “Physical and Thermal Integrity” means the ability of the material of the cap and/or rotor to resist physical and thermal breakdown.(A) “Spark Plug” means a device to suitably deliver high tension electrical ignition voltage to the spark gap in the engine combustion chamber.(B) “Heat Rating” means that measurement of engine indicated mean effective pressure (IMEP) value obtained on the engine at a point when the supercharge pressure is 25.4mm (one inch) Hg below the preignition point of the spark plug, as rated according to SAE J549A Recommended Practice.(C) “Gap Spacing” means the distance between the center electrode and the ground electrode where the high voltage ignition arc is discharged.(D) “Gap Location” means the position of the electrode gap in the combustion chamber.(E) “Dielectric Strength” means the ability of the spark plug's ceramic insulator material to resist electrical breakdown.(F) “Flashover” means the discharge of ignition voltage at any point other than at the spark plug gap.(A) “Coil” means a device used to provide high voltage in an inductive ignition system.(B) “Flashover” means the discharge of ignition voltage across the coil.(C) “Dielectric Strength” means the ability of the material of the coil to resist electrical breakdown.(D) “Rise Time” means the time required for the spark voltage to increase from 10% to 90% of its maximum value.(ii) For the purpose of this paragraph, a “Primary Resistor” means a device used in the primary circuit of an inductive ignition system to limit the flow of current.(A) (1) Centrifugal Advance Characteristics.(2) Vacuum Advance Characteristics.(E) Capacity for compatibility with generally available original equipment and certified replacement parts listed in § 85.2112(a) (5), (6), (7), and (9).(A) “Distributor” means a device for directing the secondary current from the induction coil to the spark plugs at the proper intervals and in the proper firing order.(B) “Distributor Firing Angle” means the angular relationship of breaker point opening from one opening to the next in the firing sequence.(C) “Dwell Angle” means the number of degrees of distributor mechanical rotation during which the breaker points are capable of conducting current.(12) [Reserved](13) [Reserved](14) [Reserved](A) “Catalytic Converter” means a device installed in the exhaust system of an internal combustion engine that utilizes catalytic action to oxidize hydrocarbon (HC) and carbon monoxide (CO) emissions to carbon dioxide (CO2) and water (H2O).(B) “Conversion Efficiency” means the measure of the catalytic converter's ability to oxidize HC/CO to CO2/H2O under fully warmed-up conditions stated as a percentage calculated by the following formula:(C) “Light-off Time” or “LOT” means the time required for a catalytic converter (at ambient temperature 68-86 °F) to warm-up sufficiently to convert 50% of the incoming HC and CO to CO2 and H2 O.(D) “Peak Air Flow” means the maximum engine intake mass air flow rate measure during the 195 second to 202 second time interval of the Federal Test Procedure.(E) “Feed Gas” means the chemical composition of the exhaust gas measured at the converter inlet.(F) “Aged Catalytic Converter” means a converter that has been installed on a vehicle or engine stand and operated thru a cycle specifically designed to chemically age, including exposure to representative lead concentrations, and mechanically stress the catalytic converter in a manner representative of in-use vehicle or engine conditions.(G) “Mechanical and Thermal Intergrity” means the ability of a converter to continue to operate at its previously determined efficiency and light-off time and be free from exhaust leaks when subject to thermal and mechanical stresses representative of the intended application.(A) “Air Cleaner Filter Element” means a device to remove particulates from the primary air that enters the air induction system of the engine.(B) “Pressure Drop” means a measure, in kilopascals, of the difference in static pressure measured immediately upstream and downstream of the air filter element.(C) “Efficiency” means the ability of the air cleaner or the unit under test to remove contaminant.(17) [Reserved](18) [Reserved]
Citations to §85.2114(c)
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(b) Was certified pursuant to § 85.2114(c) and to which modifications are made which are likely to affect emissions or the capability of the part to meet any other requirement of this subpart; or
Citations to §85.2114(c)(4)(ii)
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(8) Documentation submitted under § 85.2114(c)(4)(ii) was determined inadequate for durability exemption.
Citations to §85.2114(d)
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(A) The procedures used in such tests were not in substantial compliance with a portion or portions of the Federal Test Procedure which were not waived pursuant to § 85.2114(d);
Citations to §85.2114(d)(2)
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(2) The part is to be certified on the basis of emission testing, and the procedure used in such tests was not in compliance with those portions of the Federal Test Procedure not waived pursuant to § 85.2114(d)(2).
Citations to §85.2114(e)
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(viii) A description of the test part selection criteria used, and a statement that the test part(s) used for certification testing is(are) a representative production aftermarket part(s) consistent with § 85.2114(e); and